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JENNINGS v. HORACE MANN MUT. INS. CO.

No. 76-1220.

549 F.2d 1364 (1977)

Silas L. JENNINGS, et al., Plaintiffs-Appellants, v. HORACE MANN MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Philip M. Jones, Denver, Colo., on the brief, for plaintiff-appellant Silas L. Jennings.

Harvey Sender (LeRoy H. Petrie, of Sobol & Sobol, Denver, Colo., on the brief), for appellant Employers Fire Ins. Co.

Barry D. Roseman, Denver, Colo. (Edward H. Sherman, P. C., Denver, Colo., on the brief), for plaintiff-appellant Betty J. Murphy.

John M. Deisch, of Deisch & Marion, P. C., Denver, Colo., for defendant-appellee.

Before SETH, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a declaratory judgment action. Jurisdiction arises as a result of diversity of citizenship. The plaintiffs are Silas L. Jennings, Employers Fire Insurance Company and Betty J. Murphy. The defendant is Horace Mann Mutual Insurance Company, which was at all pertinent times Jennings' insurer.

Jennings was the driver of an automobile which collided with a motorcycle on which Betty Murphy was a passenger. Employers' Company...

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